Can an Amorino franchisee employ someone who was employed by Amorino within the last 30 days?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
ch Principal covenant and agree that during the term of this Agreement, except as otherwise
approved in writing by Amorino, you and, if applicable, such Principal, shall not, either directly or indirectly, for yourselves, or through, on behalf of, or in conjunction with any person, or legal entity:
- (1) Divert or attempt to divert any present or prospective customer or supplier of the Franchised Business to any competitor, by direct or indirect inducement or otherwise, or d
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, an Amorino franchisee is restricted from employing or attempting to employ any individual who is or has been employed by Amorino or its affiliates as a salaried managerial employee within the previous 30 days. This restriction also includes indirectly inducing such a person to leave their employment with Amorino. This obligation exists during the term of the franchise agreement.
This provision is designed to protect Amorino's interests by preventing franchisees from poaching employees who may have access to proprietary information, training, or relationships that could benefit a competing business. It ensures that franchisees do not unfairly gain an advantage by leveraging Amorino's existing workforce.
After the franchise agreement expires or is terminated, similar restrictions apply for a two-year period. This extended restriction prevents former franchisees from leveraging their knowledge and resources gained during their time with Amorino to the detriment of the Amorino system.
For a prospective franchisee, this means they must be careful not to recruit or hire any Amorino employees or recent former employees, especially those in managerial roles, as it could lead to a breach of the franchise agreement. Franchisees should implement procedures to screen potential employees to ensure compliance with this non-solicitation clause.